The IP litigators at Weil, Gotshal & Manges have a time-tested recipe for racking up major victories: Start with the biggest clients, take their most complicated matters with the highest stakes, and win.
Consider the case of Merck & Co, Inc., and its asthma treatment Singulair, which generated $2.3 billion in revenue for Merck in the first half of 2009. When generic giant Teva Pharmaceutical Industries Limited threatened to launch a low-cost competitor in 2007, Merck turned to Weil. Partners Matthew Powers and Nicolas Barzoukas moved quickly to assert patent claims on behalf of a Merck subsidiary in federal district court in New Jersey, and won a 30-month stay that blocked Teva’s entry into the market. As the case moved toward trial, Merck CEO Richard Clark told the press that the company had no contingency plans should Teva prevail in court: “If you feel you have a very strong position, you don’t need a contingency plan.”
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